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Topic: Re: What partner has the patent right's ? (Read 1238 times) |
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JSonnabend
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Posts: 2251
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Re: What partner has the patent right's ?
« Reply #10 on: Nov 9th, 2004, 2:12pm » |
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on Nov 7th, 2004, 1:42pm, JimIvey wrote:| Only if the failure to add him in the first place was a mistake "without deceptive intent." The fact that you're asking now suggests deceptive intent, so I'd say "No." |
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To be clear, I think what Jim meant to say was that someone might argue, based on what you have disclosed in this forum, that you had deceptive intent. I do not believe Jim meant to conclude that you are or would be acting with any deceptive intent. Is that correct, Jim?
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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JimIvey
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Senior Member
 
Posts: 2584
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Re: What partner has the patent right's ?
« Reply #11 on: Nov 11th, 2004, 12:36am » |
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on Nov 9th, 2004, 2:12pm, JSonnabend wrote:
To be clear, I think what Jim meant to say was that someone might argue, based on what you have disclosed in this forum, that you had deceptive intent. I do not believe Jim meant to conclude that you are or would be acting with any deceptive intent. Is that correct, Jim? |
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Yes, that's right. If you intentionally name the wrong inventor(s), how can you reasonably claim later that there was no deceptive intent? How is it ever possible to intentionally state a known falsehood without an intent to deceive?
I've been sort of saying it politely so far. Let me make this very clear: Don't ever intentionally put the wrong inventors on a patent application -- EVER!
Just don't do it. Whatever your concerns might be, that won't solve them.
I've corresponded with Holohandle off-line, and I think he understands this.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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CarKing
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Posts: 3
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Re: What partner has the patent right's ?
« Reply #12 on: Nov 11th, 2004, 10:40am » |
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Is it not true to say, that if Holohandle has his co-inventor(s) sign the "Without Deceptive intent" statement that this would null and void any arguement against him about deceptive intent ? Hence the application could go thru without a hitch !?
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Stiff Gravel
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Re: What partner has the patent right's ?
« Reply #13 on: Jan 26th, 2005, 12:19pm » |
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What does a company have to do to get an inventor's name off a patent application or amendment if that inventor is uncooperative?
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